Kuni Sahoo (Smt.) v. UOI (2023)457 ITR 777 / 331 CTR 258/ 223 DTR 1/ 147 taxmann.com 237(Orissa)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation awarded by Motor Accidents Claims Tribunal-Interest assessable only if it exceeds fifty thousand rupees.[S. 145A(b), 194A(3)(ixa), Motor Vehicles Act, 1988, Art. 226]

Held that  that the interest payable under the Motor Vehicles Act, 1988 was relatable to the period 2013-14 to 2019-20. If the interest were spread over year to year, the amount would not exceed Rs. 50,000. Under such premise, the deduction of tax at source in respect of interest for delay in deposit of compensation before the Motor Accidents Claims Tribunal would attract the provisions of sub-section (3) of section 194A and no deduction of tax at source was required. Section 194A of the Income-tax Act, 1961 being not a charging provision, deals with deduction of tax at source in respect of “interest other than interest on securities”. Under the provisions of section 145A(b) as it existed prior to amendment by virtue of the and sub-section (1) of section 145B of the Act, after the amendment interest received by an assessee on compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the year in which it is received. However, under section 194A(3)(ixa) the provisions of the section would not be applicable to such income credited by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income or, as the case may be, the aggregate of the amounts of such income paid during the financial year does not exceed fifty thousand rupees.